Purpose: The United States Department of Labor (USDOL), Employment and Training Administration, notified the department that providing claimants with the option to have their payments held was inconsistent with federal law. The rule has been amended to strike subsections (2) and (3) which authorized claimants to have their conditional payments held until an eligibility decision is issued. With the amendment, claimants in continued claim status will be paid conditionally when their eligibility is questioned.

(1) If you are a continued claim recipient and your eligibility for benefits is questioned by the department, you will be conditionally paid benefits without delay for any week(s) for which you file a claim for benefits, until and unless you have been provided adequate notice and an opportunity to be heard.

(2) ((At your request, we will hold conditional payments when you are eligible for conditional payment under WAC 192-100-070.

(3) Payment will be issued for any payments withheld under subsection (2) of this section if we determine you are eligible for benefits.

(4))) Conditional payments will not be made under the conditions described in WAC 192-140-200 and 192-140-210.